9 FAM 403.8
Nonimmigrant Visa Reciprocity
(CT:VISA-582; 05-03-2018)
(Office of Origin: CA/VO/L/R)
9 FAM 403.8-1 Statutory and
REgulatory Authorities
9 FAM 403.8-1(A) Immigration and
Nationality Act
(CT:VISA-1; 11-18-2015)
INA 221(c) (8 U.S.C. 1201(c)); INA 281 (8 U.S.C. 1351).
9 FAM 403.8-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR 41.112.
9 FAM 403.8-2 NONIMMIGRANT VISA
RECIPROCITY
(CT:VISA-549; 03-29-2018)
INA 221(c) and INA 281 require the Department to set visa
validity, number of entries, and fees for nationals of a particular country
based on what that country provides to U.S. citizens for the same purpose of
travel. The goal of visa reciprocity is to obtain progressive visa regimes,
consistent with U.S. national interests, laws and regulations, to encourage
international travel that benefits U.S. travelers and business. Posts are
encouraged to contact CA/VO/F with questions about ensuring that U.S. visa reciprocity
schedules are at parity with those of the host country. U.S. visa reciprocity
schedules apply to nationals, permanent residents, refugees, and stateless
residents of those countries.
9 FAM 403.8-3 Role of the
Consular Officer
(CT:VISA-549; 03-29-2018)
a. You should ensure that the information about visa
processing and document availability is up to date on the Reciprocity Schedule,
which can be found on travel.state.gov. Send any updates of the reciprocity
schedule to your NVC post liaison.
b. You have an important responsibility to ensure that
the United States practices reciprocity insofar as practicable with host
governments. You must keep the Department informed of any modifications to the
host country visa schedule that would require changes to the validity period,
number of admissions, or fees for the equivalent U.S. visas. To remain abreast
of such changes, you should maintain good contacts with the host government's
Ministry of Foreign Affairs, along with other ministries that have a stake in
visa issues. If you become aware of changes to the host country visa schedule
that result in higher fees, lower validity, or fewer entries than the
equivalent U.S. visa, contact your VO/F post liaison to discuss next steps.
c. Informal discussions with U.S. travelers can shed
light on how closely the host government follows its official reciprocity
schedule. Some countries fail to observe their official schedules, either
over-charging for visas or issuing visas of more limited validity than
specified in the official schedule. If a pattern of non-compliance with the
posted schedule is detected, you should approach appropriate representatives of
the host government regarding the inconsistency and ensure that your VO/F post liaison
is aware of the situation. If the host government is unable to modify its
issuance practices or official schedule to match that of the United States, the
INA requires the Department to adjust the reciprocity schedule to align with
host country practices.
9 FAM 403.8-4 Achieving
Reciprocity
9 FAM 403.8-4(A) Validity,
Fees, and Practicable Reciprocity
(CT:VISA-549; 03-29-2018)
a. The INA has separate reciprocity provisions for visa
validity and visa fees, which require the Department to consider each
separately, rather than looking at the totality of validity and fees that a
foreign country offers. Based on INA 281, the Department must consider all
visa, entry, residence, or other similar fees, taxes, or charges to enter,
exit, or reside in a foreign country. Therefore, fees that are not for visas,
entry, or residence (such as those for work permits, petitions, student
registration, or expediting) would not factor into reciprocity calculations.
Department practice is to discount from our reciprocity fee calculations the
amount of our machine-readable visa (MRV) fee from any fee charged by the host
government. For example, if the host government charges U.S. citizens $200 to
apply for a tourist visa, our reciprocal issuance fee for nationals of that
country would appropriately be set at $40 ($200 minus the $160 MRV fee).
b. To achieve reciprocity, visa validity, numbers of
entries, and fees should be reciprocal insofar as practicable. The
Department interprets the insofar as practicable language narrowly, such as
when the foreign countrys visa regime differs so greatly from ours such that
it is impossible to achieve exact reciprocity. For example, certain countries
maintain tiered fee schedules, which the Department would not seek to replicate.
Tiered fee schedules are difficult for posts to practice and maintain, and can
cause confusion for both applicants and officers.
9 FAM 403.8-4(B) Changes to the
Reciprocity Schedule
(CT:VISA-582; 05-03-2018)
a. While the Department can unilaterally decrease
validity, and increase or decrease fees, validity increases require the
concurrence of the Department of Homeland Security (DHS). Posts should clear
any plans to discuss changes in visa reciprocity regimes with CA/VO/F prior to
beginning discussions with the host government. VO will not support pursuing
validity increases in situations where the host government is not currently
issuing visas reciprocally with the United States, the host government is
uncooperative or at-risk-of-noncompliance (ARON) for alien removals, or the
host country's nationals have a high visa overstay rate. Any negotiated
changes must be cleared with the Department (L/CA, VO/L/R, and CA/VO/F) before
VO requests DHS concurrence.
b. Reciprocity Arrangements vs.
Reciprocity Agreements:
(1) It is U.S. policy not
to enter into formal reciprocity
agreements. U.S. reciprocity schedules are based on what the host government
imposes on U.S. travelers in practice and are therefore referred to as an
"arrangement." For guidance on the negotiation and conclusion of
treaties and other international agreements see 11 FAM 720.
(2) Occasionally, a host government may insist on an
exchange of notes or letters to formalize a change to the existing reciprocity
schedule. In such cases, posts must clear the notes with CA/VO/F, CA/VO/L/R,
and L/CA and ensure that the notes or
letters:
(a) Do not create any binding legal obligations;
(b) Specify that the United States may limit the
validity of the visa to certain applicants where warranted; and
(c) Make clear that the United States will continue to
collect the application (MRV) fee, except from those individuals who are exempt
from this requirement. (See 22 CFR 41.107(c).)
c. On the basis of reciprocity, the maximum validity
possible for a nonimmigrant B visa is 120 months (to eligible nationals of most
foreign countries) without fees other than the required MRV processing fee
(See 22 CFR 22.1.). Most other categories of nonimmigrant visas may be issued
with a maximum validity of 60 months and for multiple entries. This 60-month
validity, however, does not apply to the A-3, C-2, G-3, G-5, K-1, K-2, or Q
visa categories. For current country-specific validity periods, refer to the Reciprocity
Schedule via travel.state.gov.
9 FAM 403.8-5 Special
Circumstances
(CT:VISA-549; 03-29-2018)
a. When Diplomatic Relations Have Been
Severed: In a case where the United States does not enjoy diplomatic
relations with a particular country, our visa schedules should be established
on the basis of reciprocity, and should match as nearly as practicable the visa
regimes that those countries apply to U.S. travelers.
b. Restrictions or Conditions Imposed
on U.S. Government Officials:
(1) In accordance with INA 212(d)(8), upon the basis
of reciprocity, accredited officials of foreign governments, their immediate
families, attendants, servants, and personal employees may be admitted in
immediate and continuous transit through the United States without regard to
the provisions of INA 212(a), except paragraphs (3)(A), (B), (C), and (7)(B).
(2) The Department assumes that the reciprocity
required by INA 212(d)(8) exists with respect to A visas unless a report is
received to the contrary. Posts should submit such reports to CA/VO/F via
email whenever a foreign government imposes restrictions or conditions on U.S.
Government officials. These reports are in addition to those required by 9 FAM 403.8-2
and 403.8-3 above).
c. Instances Where Temporary Visa
Schedule Is Used: Use the temporary reciprocity schedule until a reciprocity
schedule has been determined with respect to a particular country.
d. See 9 FAM 403.9-4(D)
paragraph b(2) for situations in which double reciprocity fees are prescribed.